1. (1) A caregiver registry that violates caregiver registry laws, including OAR 333-540-0065 (violations), is subject to the imposition of a civil penalty not to exceed $1,000 per violation and may not total more than $2,000.

2. (2) In determining the amount of a civil penalty, the Division shall consider whether:

   1. (a) The Division made repeated attempts to obtain compliance;
   2. (b) The licensee has a history of noncompliance with caregiver registry laws;
   3. (c) The violation poses a serious risk to the public's health;
   4. (d) The licensee gained financially from the noncompliance; and
   5. (e) There are mitigating factors, such as a licensee's cooperation with an investigation or actions to come into compliance.
3. (3) The Division shall document its consideration of the factors in section (2) of this rule.
4. (4) Each day a violation continues is an additional violation.
5. (5) A civil penalty imposed under this rule shall comply with ORS 183.745.

Statutory/Other Authority

ORS 443.105

Statutes/Other Implemented

ORS 443.045

History

PH 9-2010, f. 6-17-10, cert. ef. 7-1-10